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Indiana appeals gay marriage to 7th Circuit Court

The Indiana Attorney General has turned to the U.S. 7th Circuit Court of Appeals in Chicago in an effort to stop same-sex marriages that have been conducted across the state since a federal judge struck down Indiana's ban on gay marriage.

Indiana appeals gay marriage to 7th Circuit Court

The Indiana Attorney General has turned to the U.S. 7th Circuit Court of Appeals in Chicago in an effort to stop same-sex marriages that have been conducted across the state since a federal judge struck down Indiana's ban on gay marriage.

Attorney General Greg Zoeller filed a request in U.S. District Court on Wednesday for a stay of Judge Richard Young's ruling, which opened the door for hundreds of same-sex marriages.

Late Friday, the attorney general's office said they were turning to the appeals court because Young had not ruled on their request for a stay. In a statement, the AG's office said it had expected the judge would rule on the request immediately.

"That has not yet happened, so the AG's Office today filed a separate emergency motion for stay in the higher court, the U.S. 7th Circuit Court of Appeals in Chicago," the statement said.

In its filing, the state's attorney says that "without a stay, any same-sex marriages granted now might have their legal validity questioned later if the United States Supreme Court eventually were to rule in favor of states in upcoming legal challenges to marriage laws."

The release said the state thinks "a delay pending completion of the appeal would cause less harm to applicants than the legal uncertainty that could arise later for those seeking to obtain marriage licenses now."

If the state's emergency motion for a stay is granted, then AG's release said the traditional marriage definition law would be reinstated and same-sex marriages would not be granted. The State's emergency motion for stay of the ruling is fully briefed and a ruling from U.S. District Court had been expected Thursday or early today.

"The district court's order took effect immediately Wednesday and gave the defendants no time to prepare or update licensing forms," the statement said. "To get a decision rapidly on whether or not clerks must continue to issue same-sex marriage licenses pending appeal of the underlying lawsuit, the Attorney General's Office has asked for a stay from the 7th Circuit."